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77-0126_CC_Minutes_Adjourned Regular Meeting431 - JANUARY 26, 1977 ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE . CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The Adjourned Regular Meeting of the City Council of the City of San Juan Capistrano, California, was called to order by Mayor Nash at 7:10 P.M. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. ROLL CALL PRESENT: Douglas R. Nash, Mayor Yvon 0. Heckscher, Mayor pro tem Kenneth E. Friess, Councilman Richard D. McDowell, Councilman John B. Sweeney, Councilman ABSENT: None STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan, Director of Administrative Services/Assistant City Manager; William D. Murphy, Director of Public Works/City Engineer; Thomas G. Merrell, Director of Planning; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. TENTATIVE TRACr MAP 9284/REZONE 76-11 (SMITH/KING) (85) After the Public Hearing on January 19, 19.7, Tentative Tract Map 9284 was referred to the Planning Commission for considera- tion of Council concerns and the Conditions of Approval, with direction that the Commission recommendations be returned to the City Council on January 26. Council received copies of a report dated January 26, 1977, from the Director of Planning forwarding the recommendation of denial made by the Planning Commission at its meeting of January 25 and recommended Conditions of Approval for Council consideration should the recommendation of,denial not be upheld, Council also received copies of a report of Geology dated January 24, 1977, from SGT Consultants, Inc., advising that the development is feasible as proposed, The Director of Planning reviewed the Conditions of Approval, including such items as access for development to the east and emergency access, visual impacts, approval by the City of San Clemente, and bonding for street repairs. Council discussion ensued, and the Director of Planning advised that the Planning staff is of the opinion that the project is consistent with the General Plan., Mayor Nash asked if anyone in the audience wished to address the Council at this time, and the following persons responded in opposition to the development: 1. Victor Ince, 3916 Calle Andalucia, San Clemente, presented photographs of ridgeline areas; 2. Tom Stringer, Prcsident, Harbor Estates Homeowners Association, 613 Calle Real, San Clemente; 3. Mrs. Bill Wagner, 3910 Calle Andalucia, San Clemente, presented petitions containing approximately 200 signatures; -1- 1/26/77 3 4. Doe Tyler, President, Alto Capistrano Homeowners Association, 26982 Via Banderas; 5. Virginia Dowden, 27002 Via Banderas; 6. Gary Langdale, 33901 Avenida Calita; 7. Kenneth Saunders, 4005 Via Manzana, San Clemente; Chuck King, 31752 Avenida Avilla, the applicant, addressed the Council in support of the project and advised that the City of San Clemente has approved the development subject to conditions for cul-de-sac streets, bonding for street repairs, and landscaping. Mr. King advised that the lot plans have been altered accordingly, the development will be limited to single story homes, a buffer wall will be installed, water service will be extended from Camino Las Ramblas, and 351 set backs provided for, that 1,500-2,500 yards of earth will be graded per lot, and trees will be planted to obscure the visual impact from below the development. Mayor Nash noted his concerns regarding fire and police pro- tection for the area and building pads overlapping the slopes. Councilman Friess noted that the 351 set back proposal tends to add to the problem of pushing lots over the slopes and suggested that the houses be phased into the hillside as split levels rather than a stilting effect. Mr. Friess inquired if bonding for damage to adjacent properties during grading operations was included in the conditions of approval for liability purposes. Councilman Sweeney stated that conditions 10 and 19 provide for controls and the review process and that the conditions of approval are sufficient. Mayor Nash noted that Lot 9 is in violation of the hillside regulations. Mr. King concurred that building and grading plans for Lot 9 would be returned to the Council for review and approval. Councilman Heckscher commented that access, protection, visual impact of building pads overhanging the ridgeline, and jeopar- dizing City standards by making concessions are areas of concern. It was moved by Councilman Heckscher and seconded by Mayor Nash that the decision and recommendation of the Planning Com- mission be upheld. The motion failed by the following vote: AYES: Councilman Reckscher and Mayor Nash NOES: Councilmen Sweeney, McDowell, and Friess ABSENT: None Introduction of Ordinance No. 317: The City At rney read the title of the Ordinance next in order. It was moved by Councilman McDowell, seconded by Councilman Sweeney and unanimously carried to waive further reading of the Ordinance. It was moved by Councilman McDowell; seconded by Councilman Sweeney that the following Ordinance, being: -2- 1/26/77 MR 317. REZONE 76-11 (TENTATI Wz5q) - &N u1WIARAUZ ur 111ri L'111 Ur oaa duai'i CAPISTRANO, CALIFORNIA, AMENDING OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 293, AS AMENDED BY ORDINANCE NO, 312, BY CHANGING THE ZONING OF LOTS I THROUGH 3 AND 17 THROUGH 22 OF TENTATIVE TRACT B284 FROM GM (GROWTH MANAGEMENT) TO RS (SINGLE FAMILY) AND BY CHANGING THE ZONING OF LOTS 4 THROUGH 16 OF TENTATIVE TRACT 9284 FROM GM (GROWTH MANAGEMENT TO 90 -RS (20,000) he introduced. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Heckscher, and Mayor Nash NOES: None ABSENT: None Approval of Tentative Tract 9284: It was moved by Councilman McDowell and seconded by Councilman Sweeney to approve Tentative Tract 9284 subject to the Condi- tions of Approval recommended by the Planning Commission and including Council amendments. The amended conditions shall read as follows: Condition 10. The Planning Commission shall approve composite development, building elevptions and grading plans prior to approval of a final map. Lot 9 shall be reviewed with particular attention given to grading of the proposed access road and pad. Condition 16, The developer shall submit street improve- ment, landscape and maintenance agreements for that por- tion of Street "B" located within the City of San Clemente to the City of San Clemente for approval. In addition, the developer shall receive approval of the tentative tract map by the City Council of San,Clemente prior to approval of a final map by the City of San Juan Capistrano. A Condition 20 is added, as follows: Condition 20. The developer shall provide bonding in an amount approved by the City Manager and in such form as approved by the City Attorney to insure against damage due to settlement or displacement of adjacent buildings caused by the grading operation on the subject tract. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, and Friess NOES: Councilman Heckscher and Mayor Nash ABSENT: None RECESS AND RECONVENE Council recessed at 8:50 P.M PLANNING COMMISSION and reconvened at 9:15 P.M. APARTMENT COMPLEX ON ALIPAZ STREET ARCHITECTURAL CONTROL 76-10 (WOOLSEY) (68) Council received copies of a report dated January 19, 1977, from the Director of Planning advising that the Planning Com- mission approved AC 76-10 at its meeting of January 11. The -3- 1/26/77 proposal is for development of approximately 11 acres of land 3 4 into 172 apartment units, including integrated greenbelt area and common recreational facilities, to be known as Alipaz Village. The proposed project is located on the west side of Alipaz Street immediately north of San Juan Mobile Estates. The applicant is Frank Woolsey, C.F.C. Development, 16931 Bolsa Chica, Huntington Beach. Site plans were also provided, and exhibits were on display. The Director of Planning advised that a variance to the amount of required parking area was granted by the Commission on January 25 in order to alleviate an automobile -dominated atmo- sphere; a Condition of Approval requires additional recreation facilities. The project is subject to the requirements of Ordinance No. 314, Residential Growth Management, and is eli- gible for residential allocation during 1977, 1978, and 1979 if it receives Council approval prior to January 31, 1977. Mr. Frank Woolsey, applicant, 4001 Diablo Circle, Huntington Beach, addressed the Council and advised that rental of the 1 and 2 bedroom apartments would not be limited to adults, that approximately 47% of the area is set aside for open space, and that additional recreation facilities such as volleyball courts are being considered. Councilman Friess noted that recreation facilities should be provided for children; the Director of Planning stated that tot lots should be included. Councilman Heckscher noted that traffic will be generated at the intersec- tion of Del Obispo and Alipaz, and that the developer should participate in the future installation of a traffic signal at that location. It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried that the following be included as an additional Condition of Approval: Traffic Control. The developer shall be required to pay, prior to the issuance of building permits, an amount designed to compensate the City for costs incurred in controlling traffic to the development up to and including the intersection of Del Obispo Street and Alipaz Street and that such amount be based upon a reasonable allocation of the burden which such development bears to the overall burden of such intersection. It was the consensus of the Council that the Traffic and Trans- portation Commission formulate the ratio of participation in traffic control costs for recommendation to the Council. It was moved by Councilman Sweeney, seconded by Councilman Friess and unanimously carried to approve AC 76-10, subject to the conditions set forth in Planning Commission Resolution No. PC 77-1-11-3 and subject to the additional condition for participation in costs of traffic control at the intersection of Del Obispo Street and Alipaz Street as imposed by the City Council. RESOLUTIONS PROPOSED SISTER CITY PROGRAM (PETRA, MALLORCA) (34) Council received copies of a report dated January 19, 1977, from Pamela Hallan, Administrative Aide, advising that offi- cials of the City of Petra, Mallorca, have indicated an interest in accepting the City's proposal to become affiliated with the City through a Sister City Program. Forwarded also were copies of a proposed resolution extending an invitation -4- 1/26/77 1-4 435 to the City of Petra to participate in an informal Sister City Program. Councilman Sweeney suggested that the matter be referred to the Cultural Heritage Commission for comment and review at the earliest possible date, and Mayor Nash so directed. 2. REVISING SEWER SERVICE FEES (80) Council received copies of a report dated January 19, 1977, from the Director of Public Works regarding sewer service charges. The data is based on a Report by Stone and Youngberg and SERRA reports and is compatible with State guidelines. Revenues are utilized for the following purposes: (11 Depreciation, maintenance and operation of sanitary treatment disposal facilities; (2) --Cost of maintenance and operation of local collection system; (3) Allowance for replacement and depreciation - - I of local lines; (4) The City's participatory share in SERRA's Revenue Program, as mandated by the State for grant fund eligibility. Council also received copies of a letter dated January 12, 1977, from James Garvin, President, Capistrano Villas Home- owners Associatien No. 3 protesting previous rate increases effective October 1, 1976, Forwarded also were copies of a proposed Resolution to increase mobilehome unit fees to $1.50 per month; decrease multiple dwelling unit fees to $2.00 per month; single family residential service would remain at $4.50. The Director of Public Works requested that Council concur with the rate structure and establish a future date for adjusting the rates by Resolution. Council members and the Director of Public Works discussed the use of revenues as they relate to plant expansion, repair and replacement of facilities, population growth, and State requirements. Mayor Nash requested receipt of an analysis of the effect on fees by the application of all and one-half of the anticipated revenues from the Santa Margarita Water District sewer lease. Council members concurred and discussed the proposed rate structure with particular attention given to providing relief to multiple units and possible payment of refunds of increases established September 1, 1976. Council requested that a policy be formulated to adjust rate charges that have been made. The City Manager suggested that a report on possible refunds be provided for Council consideration at a later date. It was moved by Councilman Heckscher and seconded by Councilman McDowell that the following Resolution, being: RESOLUTION NO. 77-1-26-1, SEWER CONNECTION CHARGES AND SERVICE CHARGES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO REPEALING RESOLUTION NO. 76-9-1-4 AND NO. 76-10-6-2, ESTABLISHING THE CHARGES TO BE MADE FOR ANY AND ALL SEWERAGE DISPOSAL CONNECTIONS WITH THE PUBLIC SEWERAGE SYSTEM, ESTABLISHING MAIN EXTEN- SION CHARGES AND SEWER SERVICE CHARGES WITHIN THE CITY OF SAN JUAN CAPISTRANO AND AREAS BECOMING PART OF THE CITY FROM AND AFTER FEBRUARY 1, 1977 -5- 1/26/77 436 be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Heckscher, and Mayor Nash NOES: None ABSENT: None The Resolution establishes the following sewer service charges effective February 1, 1977: (1) Single Family Living Unit: $4.50 per month; (2) Multiple Living Units: $2.00 per month; (3) Mobile Homes: $1.00 per month; (4) Quantity Charge (Commercial): $0.03 per 100 cubic feet of water consumed in excess of 3,000 cubic feet per month. It was moved by Councilman Friess and seconded by Mayor Nash that all fees be placed at the standard established prior to September 1, 1976, until such time as the matter can be studied and an appropriate set of data provided for Council direction and that credits or refunds be considered at a later date after evaluation of the entire program. The motion failed by the following vote: AYES: Councilman Friess and Mayor Nash NOES: Councilmen Sweeney, McDowell, and Heckscher ABSENT: None Mayor Nash directed that staff prepare data on what portion of the fee represents depreciation of a system designed to expand the capacity and on the impact on the rate structure of funds to be received from the Santa Margarita Water District Lease. Staff is also to address the difference in housing unit numbers used in Exhibits A and D of the analysis. SUBDIVISIONS AND ANNEXATIONS 1. REPORT ON BOUNDARY STUDY (CITY OF SAN CLEMENTE). (21) Council received copies of a report dated January 19, 1977, from the Director of Public Works regarding possible major boundary modifications along the San Juan Capistrano/San Clemente mutual boundary lines in order to align those bound- aries with the ridgeline. Forwarded also were copies of a map showing three major areas for modifications, as follows: Area 1: Tentative Tract 8495; Area 2t An area where the ridgeline lies within the City while closely paralleling the boundary; Area 3: The portion of the County Prima Deshecha Sanitary Landfill and park site within the City. It was moved by Councilman McDowell, seconded by Councilman Sweeney and unanimously carried to direct staff to inform the City of San Clemente of a favorable position toward de -annexing Area 1 at no cost to San Juan Capistrano and to refer the -6- 1/26/77 11 FU WO matter of de -annexation of Areas 2 and 3 to the Planning Commission for review and recommendation. DIRECTOR OF PLANNING 1. CONTINUATION OF STREET TREE PLANTING (74) Council received copies of a report dated January 19, 1977, from the Director of Planning forwarding a letter dated January 4, 1977, from Mrs. Vinton P. Frost, President of San Juan Beautiful, Inc. The organization proposes a contribution of $700 in order to continue the street tree plaiiting program with a portion allocated to maintenance and provided that the City contributes an equal amount. It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried to accept the proposal sub- mitted by San Juan Beautiful, Inc., and direct that the Plan- ning and Engineering Departments incorporate the proposal as part of the Street Tree Master Plan planting schedule for fiscal year 1976-77. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. SERRA REPORT - OCEAN OUTFALL STATUS, PROJECT COMMITTEE NO. 5 (79) Council received copies of a draft agreement for the construc- tion, use and operation of the ocean outfall. SERRA's legal counsel has requested that all member agencies submit their individual comments in order to proceed in accordance with the construction schedule. Councilman McDowell advised that he would submit comments to Mr. Murphy; and, with the concurrence of Council, Mayor Nash directed staff to forward revisions to the draft ocean outfall agreement to the legal counsel for the South East Regional Reclamation Authority. 2. REPORT ON CALLE ASPERO STREET IMPROVEMENTS (83) Council received copies of a report dated January 5, 1977, from the Director of Public Works regarding the status of pro- posed improvements to Calle Aspero adjacent to the Meisner Tract. Right-of-way acquisition is required from seven proper- ties in order to construct the improvements, and easements have been obtained from five of the seven property owners. The remaining two property owners, Dale Tanner and John Saunders, have indicated they will grant the necessary easements if they are granted variances to divide their lots. Council discussed the impact of the development of the Bear Brand Ranch pr-operty in County territory adjacent to the eastern City limits and the possibility of access through Calle Aspero. In response to an inquiry from Mayor Nash, the Director of Planning advised that the fact that the Ranch property lies within the City's sphere of influence provides a method to determine in advance where the ultimate City boundaries would be located in conjunction with annexation; prior to annexation, the City would have no authority over development of County land. With the concurrence of Council, Mayor Nash requested that the Director of Planning review the status of the Bear Brand Ranch development and report to the Council at the meeting of February 2, 1977. It was moved by Mayor Nash and seconded by Councilman Sweeney that staff be directed to continue negotiations with Dale Tanner and John Saunders for the easements for Calle Aspero -7- 1/26/77 438, and that the possible lot splits be referred to the Planning Commission for tacit approval or denial. The motion carried by the following vote: AYES: Councilmen Sweeney, Friess, Heckscher, and Mayor Nash NOES: Councilman McDowell ABSENT: None TRAFFIC AND TRANSPORTATION COMMISSION 1. ELEMENT - IGN CRITERIA (46) Council received copies of a report dated January 19, 19779 from George Alvarez, Secretary to the Traffic Commission ', regarding amendments to the Circulation Element of the General -Plan. Forwarded were copies of goals and objectives from the General Plan; a Criteria for Design Functional Classification for arterial, commuter and local streets dated October, 1976; a Process for Amending Circulation Element of General Plan revised November 8, 1976; and a Circulation Element Schedule for Commission Hearings dated December 22, 1976. It -was moved by Mayor Nash, seconded by Councilman Friess and unanimously carried to re-establish the goals and objectives and approve the design criteria and process for amending the Circulation Element of the General Plan. COUNCIL ACTIONS 1. APPOINTMENT TO THE PARKS AND RECREATION COMMISSION (62) It was moved by Mayor Nash, seconded by Councilman Friess and unanimously carried that Gillian Cannon be appointed to fill the existing vacancy on the Parks and Recreation Commission. Council members noted the outstanding qualifications of the applicants for the position. Councilman Friess noted that the Commission may appoint a sub -committee of senior citizens. COUNCIL REMARKS 1. SCHOOL DISTRICT ATTENDANCE BOUNDARIES (78) Councilman Friess advised that the Capistrano Unified School District Board of Trustees is considering redistricting student attendance due to the construction of the Capistrano Valley High School north of the City limits. A proposal that all San Juan Capistrano students attend the new high school would avoid splitting the City's student attendance into three dif- ferent high schools. Mr. Friess suggested that a letter to the School District be drafted requesting that the District attempt to maintain the integrity of the student community to whatever extent possible in establishing attendance boundaries. With the concurrence of the Council, Mayor Nash requested that Councilman Friess draft a letter to the School District for submission to Council at the meeting of February 2, 1977. 2. COMMUNITY CENTER - PROPOSED ACQUISITION OF CAPISTRANO HIGH SCHOOL (78) Councilman Sweeney provided copies of a proposed Resolution offering to purchase the Capistrano Union High School from -8- 1/26/77 439 the School District for use as a community center. Mr. Sweeney suggested that Federal Public Works grant funds may be avail- able for construction if a suitable site for a community center is acquired. It was the consensus of the Council that the matter be placed on the February 2, 1977, Agenda for Council consideration. RECESS AND RECONVENE Council recessed to Executive Session for the purpose of discussing legal matters at 11:35 P.M., the City Clerk being excused therefrom, and reconvened at 12:12 A.M. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 12:13 A.M., January 27, 1977, to the next regular meeting date of Wednesday, February 2, 1977, at 7:00 P.M. in the City Council Chamber. Respectfully submitted, ATTEST: D07JGLAS .,AASH, MAYOR 222Z,� e�! — ki�� — MARY ANN ,,�OVER, CITY CLERK -9- 1/26/77